Indian Penal Code, 1860, Section 302, 307, 324 -- Killing by gun shot - Appeal against acquittal - Conviction by High Court - Fight between two factions - Trial Court disbelieving prosecution case and acquitted all accused holding evidence of eye witnesses being full of contradictions - Discrepancies and accompanying contradictions are not of such nature as would make..........
Indian Penal Code, 1860, Section 302, 307, 324 -- Killing by gun shot - Recovery of 12 bore gun found to have a defective firing pin - Barrel of gun showing signs of discharge - This fact not brought out in course of arguments - Prosecution not relying upon this piece of evidence - Fact that gun was not properly recovered would not make prosecution case weaker...........
Indian Penal Code, 1860, Section 302, 324 -- Acquittal by trial Court - Conviction by High Court - Trial Court rejected evidence of PWs 1, 3 and 7 for valid reasons - Evidence of PW1 was contrary to medical evidence and High Court wrongly came to conclusion that medical evidence supported oral evidence of PW 1 - PW 1 was injured witness and he admitted that due to poor eye..........
Indian Penal Code, 1860, Section 324, 326, Criminal Procedure Code, 1973, Section 320 -- Conviction u/s 324 IPC - During revision parties compromised - Parties allowed to compound offence - Conviction set aside...........
Indian Penal Code, 1860, Section 326, 324 -- Injury on waist caused by sickle blow - No fracture or dislocation of bone - Held, injury is not serious but simple in nature - Offence u/s 324 IPC is made out...........
Indian Penal Code, 1860, Section 324, 34, 326, 302 -- Assault by A1 to A4 - None of the accused used any deadly weapon carried by them on any vital part of body - Injury No.4 which proved to be fatal was caused by fall caused by A1 who kicked deceased after the fall - A2 to A4 used iron rods and oars to hit deceased and not cause his death - High Court was wrong in..........
Indian Penal Code, 1860, Section 307, 324 -- Attempt to murder - Previous enmity - Accused came armed with pistol and fired a shot which hit the victim below knee - Offence u/s 324 IPC is made out - Accused acquitted of offence u/s 307 IPC - Accused was armed with pistol and if he his intention was to cause death he could very well have done so by firing a shot in the..........
Indian Penal Code, 1860, Section 324 -- Injury by knife on chest - Injury simple in nature and only a clean cut - Offence falls u/s 324 IPC...........
Indian Penal Code, 1860, Section 302, 324 -- Appellant assaulted deceased with axe on head when other four accused were armed with stick in the assault - Accepting evidence of eye witnesses including injured PW 7, trial Court convicted appellant but acquitted other four - Trial Court itself discarded evidence of eye witnesses so far as assault by acquitted accused was..........
Indian Penal Code, 1860, Section 302, 324 -- Charge u/ss 147, 148, 307 and 302/149 IPC - Other accused acquitted but appellant convicted u/s 302/34 IPC - Conviction in absence of independent and alternative charge for those individual offices is erroneous...........
